I have filed for bankruptcy and I am still having problems

Sorry to hear you're having problems after filing for bankruptcy. I assume you filed for protection under bankruptcy and you could not keep up your payments. Most Chapter 13 trustees send the money to all the people who you were behind on when you filed Chapter 13. After trustees pay your mortgage, sometimes its good, sometimes its bad. Anyway, I found the problems that arise after filing for bankruptcy are not paying the trustee and or not paying the mortgage company!

Trustees vary from region to region and most will dismiss you from bankruptcy protection if you fail to make three payments. Some sooner, so it's best to call the trustee and let them know if you're having problems. Some will work with you. So if you lost your job or are out of work or you cannot pay for any reason contact your trustees office and let them know! This could buy you enough time to get caught up! If not, they can and most probably will dismiss you from the protection of Chapter 13 bankruptcy. This means the mortgage company can foreclose and creditors can go after you again!

Another problem you could face is not paying your mortgage. If you miss a payment or two, have your attorney contact them and negotiate a forbearance agreement or modify the Chapter 13 plan. If your attorney says it cannot be done, I strongly disagree! I have seen a modification take place and I have seen a forbearance agreement negotiated while in Chapter 13 bankruptcy. If you do nothing the mortgage company will file a motion in bankruptcy court to lift the "stay". A "stay" is an order in place that stops a mortgage company from foreclosing on your home. However, if you fail to make payments for 3 months, chances are the mortgage company will file a motion in court to lift the "stay" and in most cases a judge will grant the motion!

Now what? I believe you can file for bankruptcy protection again! You may have to wait 6 months. It's best to learn the rules so you can plan! If you cannot file for 6 months you may be able to postpone any foreclosure action twice for any reason! Rules and laws vary from state to state. Seek competent legal advice!

Maybe just your spouse files for bankruptcy and the other spouse may be able to file, stopping any foreclosure action! I say maybe because most couples file together! If you're thrown out of bankruptcy or dismissed for non-payment your mortgage company can talk with you! Try to have your loan modified!

If not, if you have exhausted all your options make sure you have some money stashed so you can rent a home or apartment. With six or more months up front a lot of landlords will rent you a home or apartment. If you have no cash stashed after not making payments on your home and or trustee, then something is wrong! You should have something to set you on track again!